In the case of Breiner v. Nevada Department of Corrections 610 F.3d 1202 (Walsh, Ch. 7, p.
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In the case of Breiner v. Nevada Department of Corrections 610 F.3d 1202 (Walsh, Ch. 7, p. 227-230) why did the court reject the NDOC’s “de minimis” argument?
What were the legal issues in this case? What did the court decide? What criteria for establishing a BFOQ are discussed in this case? Why was the NDOCs BFOQ defense not successful? How is this case different from other corrections cases in which the BFOQ defense was established? Do you agree with the courts decision? Why or why not?
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